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Daljeet Singh (Lawyer (a new comer))     07 August 2009

Housing, possession delayed, responsibility- Comp. or Board?

In a case, Complainant Versus a Housing board, we are complainant.

In this case, the complainant was allotted a plot by board in 1998. Earnest money was duly paid. After two years i.e. in 2000, the board shifted our plot due to some changes in Planning. It asked us to get into a fresh agreement within 15 days, on same terms and conditions. But complainant did not preceded for about six years. As per provisions, alottee is required to make constructions within three years of getting demarcation and possession of plot. There is further provision of two years extension in case of delay, if alotee presents application to state govt. and on payment of extension fee.

Now, after this delay, in 2006, the board, acting on its own, asked us to pay extension fee and signing the agreement. According to the board, we were allotted the plot in 2000, three years limitation period completed in 2003, after that two years i.e 2005 & 2006, extension period was given to us.

As we were interested, we signed the agreement and paid the extension fee. Thereafter we applied for demarcation and possession which we were given accordingly. Then we preceded approval of building plan, which was granted thereby. But in this course, the time limit of two years extension passed. Factually, on the day we were granted the approval for our building plan was the last day of extension period. Hence, the complainant is excluded from plot and earnest + extension money is forfeited as well.

 

 

 

 

 

Now, we need some authority to cover up the delay of six years as mentioned above.

 

 

 

It is a case in Consumer forum.

 

 

 

 

 

 

 

 

Can anyone suggest a suitable authority please?

 

 

 

 

 

 

 

 

 

 

Any suggestion is welcome.



Learning

 1 Replies

Kiran Kumar (Lawyer)     07 August 2009

well if the prd was extended by the act of Opposite party as well then why u need authority on that point.

 

it is an admitted position on both the sides and agreed to that the prd was extended.

 

now let us know how the delay occured in getting the building plan.....was the Opposite Party responsible for it?

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